17Jurisdiction of courts

17 Jurisdiction of courts

17 Jurisdiction of courts

(1) Any provision of a relevant State law that purports to confer jurisdiction on a federal court is taken not to have that effect.

(2) Any provision of a law applied by a relevant State Act that excludes or limits the jurisdiction of any or all State courts is taken not to have that effect.

(3) This section does not operate—

(a) so as to prevent a federal court from exercising jurisdiction (such as accrued jurisdiction) in connection with a relevant State law to the extent to which, but for subsection (1), that court could validly do so, or

(b) so as to prevent a relevant State law from conferring jurisdiction on a federal court to the extent to which, but for subsection (1), a State Act could validly do so.

(4) Nothing in this section limits section 16.

(5) In this section, relevant State law means a relevant State Act, or a law as applied by a relevant State Act, and includes a Commonwealth administrative law.

s 17: Ins 1999 No 55, Sch 1.2 [2].